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Alaska State Right of Way Process (3-AK-b)

The Alaska Division of Mining Land and Water (ML&W) oversees land use within the state and issues right of ways, easements or permit to use state lands under the provision of AS 38.05.850. Under the statute, the right of way process provides for the use of state lands for bulk transmission projects. The process is also applicable to grid interconnection where a power plant is connected to the bulk transmission line. "The director...may issue permits, rights-of-way, or easements on state land for roads, trails, ditches, field gathering lines or transmission and distribution pipelines not subject to AS 38.35, telephone or electric transmission and distribution lines, log storage, oil well drilling sites and production facilities for the purposes of recovering minerals from adjacent land under valid lease, and other similar uses or improvements..."

State Right of Way Process Process

3-AK-b.1 to 3-AK-b.2 - Does the Proposed Activity Require an Easement or Right of Way Over State Lands?

Green arrow.PNG 3-AK-e: Land Use Permit

3-AK-b.3 - Notify and Submit Plans for Right of Way or Easement over State Lands to ML&W

Although there is no formal process for submitting plans to ML&W, the developer should contact ML&W and discuss the plans and documents necessary to inform the state of the proposed project. The developer should submit the appropriate maps, documents, and plans for the project to inform the state of the activity which requires a right of way or easement over state lands.

3-AK-b.4 - Consider Proposed Right of Way or Easement Use

ML&W will consider and discuss with the developer the need for the right of way or easement and consider the merits of allowing the easement or right of way over state lands.

3-AK-b.5 to 3-AK-b.6 - Does Director of ML&W Determine Use of Land to Be of the Greatest Economic Benefit to the State

ML&W is directed to give preference to the use of land that is of the greatest economic benefit to the state and the development of its resources. However, first preference is given to the upland owner of a track of tideland, shoreland, or contiguous submerged land if the upland owner needs the land for any purpose for which is may be granted. AS 38.05.850(a).

3-AK-b.7 to 3-AK-b.8 - Will Nature and Duration of Intended Use be Functionally Revocable

If the Director of ML&W determines that the nature and duration of the proposed use will nto be functionally revocable, the director will provide public notice before issuing the easement or right of way. AS 38.05.850(c).

3-AK-b.9 - Permit, Right of Way, or Easement Document

The right of way or easement document prepared by ML&W will set forth the extent of the activity allowed on the tract of land and the provisions of such use. These documents are revocable, nonexclusive permits for the personal or commercial use or removal or resources that the Director determines to be of limited value. The Director of ML&W may issue these documents without the prior approval of the Commissioner of the Alaska Department of Natural Resources. AS 38.05.850(a).

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